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Notice process to cover infringing file sharing

The Copyright (Infringing File Sharing) Amendment Act 2011 has come into force. Sections 122A to 122U were added to the Copyright Act 1994 (the Act) to provide a process to deal with copyright infringements that occur via file sharing networks. Under the process, rights owners can:

Request that an internet protocol address provider (IPAP) sends up to three infringement notices to an internet account holder who is alleged to have infringed copyright via a file sharing network;

Take a claim of up to $15,000 to the Copyright Tribunal after the notice process is complete.

From 1 September 2011, section 92A of the Act is repealed.

The following information will be useful if you have received a notice under the new process.

Review of the fee in the Copyright (Infringing File Sharing) Regulations

The Copyright (Infringing File Sharing) Regulations allow an IPAP to charge up to $25 for processing a rights owner notice as part of the three notice regime set out in sections 122A to U of the Act.

After a six month review of the fee, Cabinet decided that the fee should remain at $25. MBIE will continue to monitor the operation of the regime with a view to recommending whether further reviews of the fee are necessary.

Background: Illegal Peer-to-Peer File Sharing Policy Proposals

The Cabinet paper: Illegal Peer-to-Peer File Sharing [331 KB PDF] proposed a specific process for dealing with the enforcement of copyright against unauthorised peer-to-peer file sharing. It also proposed that section 92A of the Act, which was enacted but did not come into force, was repealed. Section 92A required Internet Service Providers (ISPs) to adopt and reasonably implement a policy that provided for termination, in appropriate circumstances, of the account of a repeat infringer. The proposals formed the basis of the Copyright (Infringing File Sharing) Amendment Act 2011, which was enacted on the 18th of April 2011 and is now in force.